Agenda, first session — Fairfield City Council, August 4, 2026 (part 2 of 2)

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State of California )
County of ________ )
On _________________________, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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RECORDING REQUESTED BY, AND
WHEN RECORDED RETURN TO:

Housing Services Department
1000 Webster Street, 1st Floor
Fairfield, CA 94533
Attn: Housing Services Director
with a copy to:
212 E. Tabor Fairfield, L.P.

Attn:
_____________________
APNs: 034-150-100 and 0034-150-240

(Space above for Recorder’s Use.)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 6103.

AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT
(DENSITY BONUS; FEE DEFERRAL; FEE CREDITS)
These AFFORDABILITY RESTRICTIONS AND REGULATORY AGREEMENT (“Regulatory Agreement”) is hereby entered, effective as of _______________, 20__, by and among the CITY OF FAIRFIELD, a municipal corporation (“City”), and ________________________ (“Developer”) (City and Developer are sometimes collectively referred to herein as the “Parties.”).

R E C I T A L S
WHEREAS, City and 212 E. Tabor Fairfield, L.P. have entered into a Development Loan Agreement dated _______ 2026 (“DLA”) which was assigned to Developer, for a loan for the development of certain real property described in Exhibit “A” (“Site”).

WHEREAS, this Regulatory Agreement establishes a plan for the improvement, development and maintenance of the Site, for the benefit of C ity, and constitutes a “density bonus housing agreement” under the Fairfield Municipal Code for which Developer has been given incentives and waivers relating to landscaping and private open space as described in the applicable City Resolution.

WHEREAS, City and Developer wish to adopt this Regulatory Agreement to further govern the use of the Site to comply with the City’s density bonus ordinances and to satisfy requirements of the Fairfield Municipal Code with respect to fee deferrals and fee credits described in the DLA.

City shall not subordinate this Regulatory Agreement to any deed of trust or other liens.

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NOW, THEREFORE , City and Developer (as owner of real property interests described hereinabove), declare that the Site shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied subject to the covenants, conditions and restrictions hereinafter set forth expressly and exclusively for the use and benefit of said property. Each and all of the restrictions, limitations, conditions, covenants, liens, reservations and charges herein contained shall run with the land and be recorded on the property title and shall be binding on Parties, their grantees, successors, heirs, executors, administrators, devisees or assigns, and all subsequent owners of all or any part of the Site, during the term of this Regulatory Agreement.

ARTICLE I

DEFINITIONS
The definitions provided herein shall be applicable to this Regulatory Agreement and also to any amendment or supplement (unless the context implicitly or explicitly shall prohibit), recorded against the Site pursuant to the provision of this Regulatory Agreement.

Section 1. “Affordable Housing Development ” means an affordable housing project operated in conformity with this Regulatory Agreement throughout the Required Covenant Period.

Section 2. “Affordable Rent”, per month, means, for a Very Low Income Household, a monthly rent (including a reasonable utility allowance) which does not exceed one -twelfth (1/12th) of thirty percent (30%) of fifty percent (50%) of Median Income for a household size appropriate to the Unit, and for a Lower Income Household, a monthly rent (including a reasonable utility allowance) which does not exceed one -twelfth (1/12th) of thirty percent (30%) of sixty percent (60%) of Medium Income for a household size appropriate to the unit.

Section 3. “Area” means the Vallejo -Fairfeld, CA Metropolitan Statistical Area, as periodically defined by HUD.

Section 4. “Certificate” or “Certification” is defined in Section 3(a).

Section 5. “City”, as defined in the first paragraph hereof, means the City of Fairfield, a municipal corporation.

Section 6. “City Code” means and refers to the City of Fairfield Municipal Code, as revised from time to time.

Section 7. “Extremely Low Income Household” means households earning not greater than the extremely low income limit for Solano County, adjusted for household size, pursuant to Health and Safety Code Section 50105.

Section 8. “Extremely Low Income Unit ” means a Unit occupied at an Affordable Rent by an Extremely Low Income Household.

Section 9. “Gross Income” means all payments from all sources received by a person (together with the gross income of all persons of the age of 18 years or older who intend to reside with such person in one residential unit) whether in cash or in kind as calculated pursuant to the Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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Department of Housing and Urban Development (“HUD”) Regulations (24 C.F.R. § 813) and 25 California Code of Regulations Section 6914.

Section 10. “Household size appropriate to the unit ” shall be one person for a studio unit, two persons for a one-bedroom unit, three persons for a two-bedroom unit, and four persons for a three-bedroom unit.

Section 11. “Lower Income Household” means households earning not greater than the lower income limit for Solano County, adjusted for household size, pursuant to the California Health and Safety Code.

Section 12. ”Lower Income Unit ” means a unit occupied at an Affordable Rent by a Lower Income Household.

Section 13. “Lower Income Required Units ” means the Required Affordable Units which are required to be rented to Lower Income Households at an Affordable Rent.

Section 14. “Median Income” or “Median Income for the Area ” means the median income for the Sites most recently determined by the Secretary of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, or, if programs under Section 8 are terminated, Median Income for the A rea determined under the method used by the Secretary prior to such termination. Such Median Income is published at 25 California Code of Regulations Section 6932, as modified from time to time.

Section 15. “Prescribed Income Levels” means the following:

Type Income of Household
as Percentage of AMI Number of Units
1BR/1BA 30% 17
2BR/1BA 30% 22
3BR/1.5BA 30% 2
1BR/1BA 60% 1
2BR/1BA 60% 3
3BR/1.5 BA 60% 6
2BR/1BA 70% 5
3BR/1.5 BA 70% 10

Section 16. “Regulatory Agreement ” means this Regulatory Agreement and any amendments, modifications or supplements.

Section 17. “Rental Development” means the sixty -seven (67) Unit residential rental development on the Site.

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Section 18. “Required Affordable Units” means any of the fifty-one (51) of the dwelling units in the Rental Development, restricted and available to, occupied by, or held vacant for occupancy under this Agreement only by tenants qualifying as Extremely Low Income Households, Very Low Income Households , and Low Income Households and rented at an Affordable Rent. (Another dwelling unit must be a manager unit.) Section 19. “Required Covenant Period” means the period commencing on the date all Required Affordable Units have been completed as evidenced by the C ity’s issuance of a Final Certificate of Occupancy for the Rental Development, and ending as of the fifty- fifth (55th) anniversary thereof.

Section 20. “Site” means all of the real property and appurtenances as described in the Recitals above, including all structures and other improvements thereon, and those hereafter constructed.

Section 21. “Unit” means a dwelling unit on the Rental Development.

Section 22. “Very Low Income Households” means households earning not greater than the very low income limit for Solano County, adjusted for household size, pursuant to Health and Safety Code Section 50105.

Section 23. “Very Low Income Unit” means a Unit occupied at an Affordable Rent by a Very Low Income Household.

Section 24. “Very Low Income Required Units” means the Required Affordable Units which are required to be rented to Very Low Income Households at an Affordable Rent.

Section 25. “Year” means a calendar year, excepting that the last Year hereunder shall be deemed to end as of the expiration of this Regulatory Agreement.

ARTICLE II
LAND USE RESTRICTIONS; IMPROVEMENTS
Section 1. Uses. The Site shall be operated as an Affordable Housing Development. All uses conducted on the Site, including, without limitation, all activities undertaken by Developer pursuant to the DLA, shall conform to all applicable provisions of the City Code and the City permits and approvals.

The Site shall be used, maintained and operated in accordance with this Regulatory Agreement for the Required Covenant Period.

Section 2. Affordable Housing.

Affordability Restrictions; Number of Units. Throughout the Required Covenant Period, the Developer shall cause the Required Affordable Units to be rented in accordance with the definition of “Prescribed Income Levels” in Section 15 of Article I above at Affordable Rents.

Except to the extent prohibited by state or federal law or tax credit regulations, in the event a household’s income initially complies with the corresponding income level/restriction but the income of such household increases, such increase shall not be deemed to result in a violation of Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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the restrictions of this Regulatory Agreement concerning limitations upon income of occupants, provided that the next available unit is leased to a Very Low Income Houshold or Low Income Household, as applciable, until compliance with the Prescribed Income Levels is achieved.

Duration of Affordability Requirements. The restriction shall apply throughout the Required Covenant Period. All tenants residing in any Required Affordable Unit for which rents are limited by virtue of this Regulatory Agreement or pursuant to other regulation during the last two (2) Years of the Required Covenant Period shall be given notice by Developer at least once every six (6) months prior to the expiration date of this requirement, that the rent payable on such Required Affordable Unit may be raised to a market rate rent at the end of the Required Covenant Period.

Selection of Tenants. Developer shall demonstrate to City that the proposed tenants of Required Affordable Units for Extremely Low Income Households constitute Extremely Low Income Households, that the proposed tenants of Required Affordable Units for Very Low Income Households constitute Very Low Income Households , and that the proposed tenants of Required Affordable Units for Low Income Households constitute Low Income Households.

Prior to the rental or lease of a Required Affordable Unit to a tenant, and as set forth in this Section 2 of Article II of this Regulatory Agreement, Developer shall require the tenant to execute a written lease and to complete an Income Verification cert ifying that the tenant(s) occupying the Unit is/are in the appropriate income category. Developer shall verify the income of the tenant(s).

Developer shall accept as tenants on the same basis as all other prospective tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing program under Section 8 of the United States Housing Act of 1937, or its successor. Developer shall not apply selection criteria to Section 8 certificate holders which are more burdensome than criteria applied to any other prospective tenants.

Determination of Affordable Rent for the Required Affordable Units. The Required Affordable Units shall be rented or leased at an Affordable Rent. The maximum monthly rental for the Required Affordable Units shall be adjusted annually as permitted by Section 50053 of the California Health and Safety Code based on the annual adjustment to the Median Income for the Area established pu rsuant to Section 50093 of the California Health and Safety Code, as more particularly set forth in the Affordable Rent Worksheet.

Notwithstanding anything to the contrary herein, for so long as it is consistent with the published policies of HCD, any determination of Area Median Income under Section 2 with respect to any calendar year shall not be less than the Area Median Income determined under this Section 2 for the calendar year preceding the calendar year for which such determination is made.

DEVELOPER UNDERSTANDS AND KNOWINGLY AGREES THAT THE

MAXIMUM RENTAL FOR THE REQUIRED AFFORDABLE UNITS ESTABLISHED BY

THIS REGULATORY AGREEMENT IS SUBSTANTIALLY BELOW THE FAIR MARKET RENT FOR THE REQUIRED AFFORDABLE UNITS.

Section 3. Developer Verification and Program Compliance.

Income and Age Verification and Certification. Developer will obtain and maintain on file an Income and Age Verification from each tenant (for every Unit on the Site except the Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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Manager’s unit), dated immediately prior to the initial occupancy of such tenant in the Required Affordable Units.

On July 1 following the completion of the Development, and on or before each subsequent July 1, Developer shall file with City Manager or its designee a Certificate, containing all information required pursuant to Health and Safety Code Section 33418. Each Certificate shall cover the immediately preceding Year.

Developer shall maintain on file throughout the Required Covenant Period each tenant’s executed lease and Income and Age Verification and rental records for the Rental Development and the Required Affordable Units. Developer shall maintain complete and accurate records pertaining to the Units, and will permit any duly authorized representative of City to inspect the books and records of Developer pertaining to the occupancy of the Required Affordable Units. Developer shall prepare and submit to City annua lly commencing the June 15 first following the issuance of the Certificate of Ocupancy and continuing throughout the Required Covenant Period, a Certificate of Continuing Program Compliance. Such documentation shall state for each Required Affordable Unit in the Rental Development the Unit size, the rental amount, the number of occupants, and the income of the occupants and any other information which may be used to determined compliance with the terms of this Regulatory Agreement.

In addition, as part of its annual report, at City’s request, but not less frequently than prior to each initial and subsequent rental of each Required Affordable Unit to a new tenant household (but not lease renewals) and annually thereafter, Developer shall also provide to City completed income computation, asset evaluation, and certification forms, for any such tenant or tenants, in substantially the form provided by City from time to time. Developer shall obtain an annual certification from each househ old, Required Affordable Unit demonstrating that such household is a Low Income Household, Very Low Income Household, or Extremely Low Income Household, as applicable. Developer shall verify the income certification of each tenant household. Developer shall submit to City copies of any and all tenant income and occupancy certifications upon request of City. City may request (and Developer shall provide) additional documentation to assist City’s evaluation of Developer’s compliance with this Agreement, if determined to be necessary in the reasonable discretion of the City Manager, specifically including (without limitation) any documentation or additional certifications that may be necessary to verify compliance with all requirements from all funding sources, and each tenant’s status as to each Required Affordable Unit. This requirement is in addition to and does not replace or supersede Developer’s obligation to annually submit the Certificate of Continuing Program Compliance to City. Further, City has the right, but not the obligation to monitor compliance with respect to each tenant household at the Rental Development, and City’s election to monitor some, but not all, of the Units shall not constitute a waiver of City’s right to monitor and enforce compliance with respect to all Units in the future.

Verification of Income of New and Continuing Tenants. Gross income calculations for prospective (and continuing) tenants shall be determined in accordance with 25 Cal. Code Regs. Section 6914. Developer shall verify the income and information provided in the income certification of the proposed tenant as set forth below. (a) Developer shall verify the income of each proposed tenant of the Required Affordable Units and by at least one of the following methods as appropriate to the proposed tenant:

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(i) obtain two (2) paycheck stubs from the person’s two (2) most recent pay periods;
(ii) obtain a true copy of an income tax return from the person for the most recent tax year in which a return was filed; (iii) obtain an income verification certification from the employer of the person;
(iv) obtain an income verification certification from the Social Security Administration and/or the California Department of Social Services if the person receives assistance from such agencies; or
(v) obtain an alternate form of income verification reasonably requested by Authority, if none of the above forms of verification is available to Developer.

Verification Regarding Eligibility of New Tenants . Developer shall retain documentation regarding the eligibility of each new tenant household.

Reporting Amounts. In the event Developer fails to submit to the City Manager or its designee the Certification as required by Section 3(a), Developer shall be in noncompliance with this Regulatory Agreement.

ARTICLE III

ENFORCEMENT
Section 1. Remedies. Breach of the covenants contained in the Regulatory Agreement may be enjoined, abated or remedied by appropriate legal proceeding by City. No remedies shall be instituted until the party complaining of a violation has provided written notice to the other party and such party has failed to cure the alleged violation within thirty (30) days after delivery of the written notice, provided that if the default is a default other than the violation of Article II, Section 2, Developer shall not be in default so long as Developer commences the cure within such 30 days and thereafter diligently prosecutes the cure to completion and completes the cure within one hundred and twenty (120) days after delivery of the notice. City hereby agrees that any cure of any default made or tendered by Developer’s limited partners who shall have been identified in writing by Developer to City and shall be deemed to be a cure by Developer and shall be accepted or rejected on the same basi s as if made or tendered by Developer; provided City shall have received written notice by Developer of the identity of, and address for notices for, such limited partners.

This Regulatory Agreement does not in any way infringe on the right or duties of City to enforce any of the provisions of the City Code including, but not limited to, the abatement of dangerous buildings.

Section 2. Nuisance. The result of every act or omission whereby any of the covenants contained in this Regulatory Agreement are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowable at law or equity, against a nuisance, either public or private, shall be applicable against every such result and may be exercised by any owner or its successors in interest, without derogation of City’s rights under law.

Section 3. Reserved.

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Section 4. Reserved.

Section 5. Cumulative Remedies. The remedies herein provided for breach of the covenants contained in this Regulatory Agreement shall be deemed cumulative, and none of such remedies shall be deemed exclusive.

Section 6. Failure to Enforce. The failure to enforce any of the covenants contained in this Regulatory Agreement shall not constitute a waiver of the right to enforce the same thereafter.

Section 7. Enforcement and Nonliability. City may from time to time make such efforts, if any, as it shall deem appropriate enforce and/or assist in enforcing this Regulatory Agreement.

However, City will not be subject to any liability for failure to affirmatively enforce any provision of this Regulatory Agreement.

ARTICLE VI

GENERAL PROVISIONS
Section 1. Covenant Against Partition. By acceptance of its interest in the Site, Developer shall be deemed to covenant for itself and for its heirs, representatives, successors and assigns, that it will not institute legal proceedings or otherwise seek to effect partition of its right and interest in the interest being conveyed to Developer, or the burdens running with the land as a result of this Regulatory Agreement.

Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in all force and effect.

Section 3. Term. This Regulatory Agreement shall run with and bind the interest of Developer in the Site, and shall inure to the owner(s) of any property subject to this Regulatory Agreement, his legal representatives, heirs, successors and assigns, and as provided in Article VIII, Sections 1 and 2, be enforceable by City, for a term equal to the Required Covenant Period as defined herein.

This Regulatory Agreement shall not be subordinate to the lien of any financing obtained by Developer with respect to the Site.

Section 4. Construction. The provisions of this Regulatory Agreement shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of Required Affordable Units available at Affordable Rent for Extremely Low Income Households, Very Low Income Households, and Low Income Households in conformity with the Prescribed Income Levels. The article and section headings have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction.

Developer shall be obligated by this Regulatory Agreement to comply with the provisions hereof.

In the event of conflict, Developer shall comply with the most stringent requirements, in each case.

Section 5. Amendments. This Regulatory Agreement may be amended only by the written agreement of Developer and City.

Section 6. Reserved.

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Section 7. Notices. Any notice permitted or required to be delivered as provided herein to Developer shall be in writing and may be delivered either by reputable overnight service or certified mail to its address on the first page hereof, and shall be effective as of one business day after delivery to the messenger service for overnight delivery, or the date of delivery or attempted delivery shown on the return receipt. Such address may be changed from time to time by notice in writing.

Section 8. Notice of Transfer of Title; Notice of Property Manager. Developer shall promptly notify City in writing of any conveyance of the Approved Housing Development, including the name of any buyer and the address for notices of the buyer.

DEVELOPER:
212 E TABOR FAIRFIELD, L.P.,
a California limited partnership
By: 212 E Tabor Fairfield EAH, LLC,
a California limited liability company,
its Managing General Partner
By: EAH Inc.,
a California nonprofit public benefit
corporation,
its Sole and Managing Member

By:

Print Name: Welton Jordan
Title: Assistant Secretary

CITY:

CITY OF FAIRFIELD,
a California municipal corporation
By:

Name: David Gassaway
Title: City Manager
ATTEST:

By:

Karen L. Rees, City Clerk

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EXHIBIT A

LEGAL DESCRIPTION OF THE SITE
The land referred to is situated in the County of Solano, City of Fairfield, State of California, and is described as follows:

LOT 18, AS SHOWN ON THAT CERTAIN MAP ENTITLED, “MAP OF LOCKE -PADDON COLONY NO. 5”, FILED FOR RECORD IN THE OFFICE OF THE COUNTY RECORDER OF DECEMBER 6, 1912 IN BOOK 4 OF MAPS, PAGE 17, SOLANO COUNTY RECORDS.

EXCEPTING THEREFROM:

ALL THAT PARCEL OF LAND DESCRIBED IN THE DEED TO HILARION ANGELES AND LOURETTA G. ANGELES, HIS WIFE, RECORDED OCTOBER 10, 1940 IN BOOK 222 OF OFFICIAL RECORDS AT PAGE 250, INSTRUMENT NO. 6958.

APN: 0034-150-100

and;

PARCEL ONE:

Lot 18, as shown on that certain Map of Locke -Paddon Colony No. 5, filed December 6, 1912 in Book 4 of Maps, Page 17, Solano County Records, described as follows:

Beginning on the East line of the parcel of land described as Parcel 1 in the Deed from Walter C.

Klein, et ux, to Hermosa Homes, Inc., dated August 11, 1958, recorded August 25, 1958, in Book 938 of Official Records, Page 396, Instrument No. 13649, distant thereon North 0° 52’ West, 168.009 feet from the Southeast corner thereof; thence from said point of beginning North 0° 52’ West, along said East line, 100.191 feet to the Northwest line of said Lot 18, said Northwest line being the Southeasterly line of the Sacramento Northern railway right of way; thence North 60° 26’ East, along the Northwest line of said Lot 18, 102.56 feet to the East line of the parcel of land described in the Deed from Joseph Musso, et al, to Fred Klein, dated April 16, 1952, recorded April 18, 1952, in Book 619 of Official Records, Page 21, Instrument No. 5449; thence South 0° 52’ East, along said East line, 151.991 feet to a point that bears South 89° 27’ East from the point of beginning; thence North 89° 27’ West, 90 feet to the point of beginning.

PARCEL TWO:

An easement for ingress and egress, granted in the Deed from Hermosa Homes, Inc., to Walter C.

Klein, et ux, dated February 1, 1965, in Book 1320 of Official Records, Page 340, Instrument No. 2774, over that portion of Lot 18 as shown on the Map of Locke -Paddon Colony No. 5, filed December 6, 1912 in Book 4 of Maps at Page 17, described as follows:

Commencing on the South line of said Lot 18, distant thereon South 89° 27’ East, 83.5 feet from the Southwest corner of said Lot; thence from said point of commencement South 89° 27’ East,

11.5 feet; thence North 0° 52’ West, 90 feet to the actual point of beginning of the herein described Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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parcel of land; thence from said point of beginning North 0° 52’ West to a point in a line which is parallel with and one foot distant, measure at right angles, Southeasterly from the Northwest line of said Lot 18; thence South 60° 26’ West, along said parallel line to a line which is parallel with and distant 11.5 feet Easterly at right angles from the Court first hereinabove mentioned as having a bearing of North 0° 52’ West; thence along said last mentioned parallel line South 0° 52’ East to a point that bears North 89° 27’ East from the point of beginning; thence South 89° 27’ East, 11.5 feet to the point of beginning.

PARCEL THREE:

An easement for ingress and egress over the following described property, being a portion of Lot 18, Locke Paddon Colony Unit No. 5, filed for record December 6, 1912, in Book 4 of Maps, Page 17, in the Office of the County Recorder of Solano County:

Beginning at a point in the South line of said Lot which point is South 89° 27’ East a distance of

83.5 feet from the Southwest corner of said Lot; thence continuing along the South line South 89° 27’ East a distance of 11.5 feet; thence North 0° 52’ West 90 feet; thence North 89° 27’ West 11.5 feet; thence South 0° 52’ East 90 feet to the point of beginning.

PARCEL FOUR:

An easement for ingress and egress over that portion of Lot 18, as shown on the Map of Locke - Paddon Colony No. 5, filed on December 6, 1912, in Book 4 of Maps at Page 17, described as follows:

Beginning on the South line of said Lot 18, distant thereon South 89° 27’ East, 95 feet from the Southwest corner thereof; thence from said point of beginning North 0° 52’ West, 168.009 feet; thence South 89° 27’ East, 12.5 feet; thence South 0° 52’ East, 168.009 feet to the South line of said Lot 18; thence North 89° 27’ West, along said South line, 12.5 feet to the point of beginning.

APN: 0034-150-240

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

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EXHIBIT “G”

FORM OF CERTIFICATE OF COMPLETION

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Fairfield
1000 Webster Street, 1st Floor
Fairfield, CA 94533
Attn: Housing Services Department
With a copy to:
212 E. TABOR FAIRFIELD, L.P.

Attn:

APNs: 0034-150-100
0034-1050-240

(Space Above for Recorder’s Use Only)
This document is exempt from the payment of a recording fee pursuant to Government Code Section 27383.

CERTIFICATE OF COMPLETION
THIS CERTIFICATE OF COMPLETION (the “Certificate”) is made by the CITY OF FAIRFIELD (the “ City”), in favor of 212 E. TABOR FAIRFIELD, L .P., a California limited liability company.

R E C I T A L S
A. City and Developer have entere d into that certain unrecorded Development Loan Agreement (the “DLA”) dated as of ______, 2026 concerning the development of certain real property situated in the City of Fairfield, California, described in Exhibit “A” attached hereto (the “Site”).

B. As referenced in Section 3.12 of the DLA, City is required to furnish Developer or its successors with a Certificate of Completion upon completion of construction of the “Project” (as defined in the DLA), which Certificate is required to be in such form as to permit it to be recorded in the Recorder’s Office of Solano County. This Certificate is conclusive determination of satisfactory completion of the construction and development required by the DLA.

C. City has conclusively determined that the construction and development of the Project has been satisfactorily completed.

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NOW, THEREFORE, City hereby certifies as follows:

1. City does hereby certify that the Project to be constructed by Developer has been fully and satisfactorily completed in full conformance with the DLA.

2. This Certificate shall not constitute evidence of compliance with or satisfaction of any obligation of Developer to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance construction work on the Site, or any part thereof.

3. This Certificate shall not constitute evidence of Developer’s compliance with those covenants in the DLA that survive the issuance of this Certificate.

4. This Certificate is not a Notice of Completion as referred to in California Civil Code Section 3093.

5. Nothing contained in this instrument shall modify in any other way any other provisions of the DLA (including without limitation the attachments thereto).

IN WITNESS WHEREOF, City has executed this Certificate of Completion this ___ day of ________________, 20__.

FAIRFIELD HOUSING AUTHORITY
By:

David Gassaway, City Manager

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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EXHIBIT “A”

LEGAL DESCRIPTION
The land referred to is situated in the County of Solano, City of Fairfield, State of California, and is described as follows:

EXCEPTING THEREFROM:

ALL THAT PARCEL OF LAND DESCRIBED IN THE DEED TO HILARION ANGELES AND LOURETTA G. ANGELES, HIS WIFE, RECORDED OCTOBER 10, 1940 IN BOOK 222 OF OFFICIAL RECORDS AT PAGE 250, INSTRUMENT NO. 6958.

APN: 0034-150-100

and;

PARCEL ONE:

Lot 18, as shown on that certain Map of Locke -Paddon Colony No. 5, filed December 6, 1912 in Book 4 of Maps, Page 17, Solano County Records, described as follows:

Beginning on the East line of the parcel of land described as Parcel 1 in the Deed from Walter C.

PARCEL TWO:

An easement for ingress and egress, granted in the Deed from Hermosa Homes, Inc., to Walter C.

Commencing on the South line of said Lot 18, distant thereon South 89° 27’ East, 83.5 feet from the Southwest corner of said Lot; thence from said point of commencement South 89° 27’ East,

11.5 feet; thence North 0° 52’ West, 90 feet to the actual point of beginning of the herein described Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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parcel of land; thence from said point of beginning North 0° 52’ West to a point in a line which is parallel with and one foot distant, measure at right angles, Southeasterly from the Northwest line of said Lot 18; thence South 60° 26’ West, along said parallel line to a line which is parallel with and distant 11.5 feet Easterly at right angles from the Court first hereinabove mentioned as having a bearing of North 0° 52’ West; thence along said last mentioned parallel line South 0° 52’ East to a point that bears North 89° 27’ East from the point of beginning; thence South 89° 27’ East, 11.5 feet to the point of beginning.

PARCEL THREE:

Beginning at a point in the South line of said Lot which point is South 89° 27’ East a distance of

PARCEL FOUR:

An easement for ingress and egress over that portion of Lot 18, as shown on the Map of Locke - Paddon Colony No. 5, filed on December 6, 1912, in Book 4 of Maps at Page 17, described as follows:

APN: 0034-150-240

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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EXHIBIT "H"

BASE PROJECT FINANCING SUMMARY

1. Fairfield Housing Authority Loan: $2,000,000

2. Fee Credits in an amount not to
exceed:
$1,800,000

3. Fee Deferral approximate
amount*: $ 1,500,000
*Fee Deferrals will be paid at a later date Subtotal $3,500,000

4. Tax Credit Investor Equity,

5. Senior Project Loan

6. ___________________

$____________

$______________

Total Development
Costs
$_______________

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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EXHIBIT "I"

FORM OF FEE DEFERRAL AGREEMENT
(Attached.)

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

Housing Services Department
1000 Webster Street, 1st Floor
Fairfield, CA 94533
Attn: Housing Services Director
Wity a copy to:
212 E. TABOR, FAIRFIELD, L.P.

Attn:

APN(s):APNs: 0034-150-100
0034-150-240

Space Above This Line For Recorder’s Use
This Fee Deferral Agreement is recorded for the benefit of the City of Fairfield and is exempt from Recording Fees pursuant to Sections 6103, 27383 and 27388.1 of the California Government Code.

FEE DEFERRAL AGREEMENT
THIS FEE DEFERRAL AGREEMENT (the “AGREEMENT”) is dated as of ____________________, 202__ and is entered into by and between CITY OF FAIRFIELD, a municipal corporation (the “CITY”), and ______________________ (the “DEVELOPER”).

RECITALS
A. The CITY has adopted a Fee Deferral Ordinance (Fairfield Municipal Code Section

5.4.3 in Chapter 5);
B. The purpose of the Fee Deferral Ordinance is to facilitate the development of affordable housing;
C. DEVELOPER is the owner of certain real property in the City of Fairfield, County of Solano as described more particularly on Exhibit “A” hereto (the “Property”); D. DEVELOPER intends to construct a project on the Property that will be rent- and income-restricted for very-low and low-income households (the “Project”); and E. The Fairfield Housing Authority (the “Authority”)) and 212 E. Tabor Fairfield, L.P. have entered into a Developmen Loan Agreement dated _______ 2026 (“DLA”) which was assigned to Developer and which provided for the construction of the Project by Developer, and the recording of Affordable Restrictions and Regulatory Agreements restricting the Project, including this Agreement.

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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F. The DLA provides that the granting of the fee deferral described herein is a condition to City’s and Developer’s obligations to the construction of the Project by Developer , and the DLA contemplates that this Agreement will be recorded prior to any deed of trust, and shall remain senior to all deeds of trust encumbering the Property.

NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants contained herein, the Parties agree as follows:

AGREEMENT

1. Fee Deferral(s). The Director of Community Development of the City has approved the following fee deferral(s) for the Project:
a. ____________________________________________________________. b. ____________________________________________________________.

2. Payment of Deferral Fees. All deferred fees shall be due and payable upon the earlier of:
(i) the closing of so- called “permit” financing (i.e., financing used to repay construction financing for the Project); or (ii) thirty (30) calendar months after the date on which the building permit for the Project issued.

3. Lien. Developer hereby grants to City a lien on the Property (and any improvements), with power of sale, to secure the payment of the deferred fees, and City may foreclose such lien non-judicially, in accordance with California Civil Code Sections 2924, et. seq.

4. DEVELOPER’S Covenant to Pay and Costs of Enforcement. DEVELOPER further agrees to pay the CITY’s and/or the COUNTY’s reasonable costs of collection enforcement or collection of the fees required to be paid hereunder and costs of foreclosure.

5. Attorneys’ Fees . If any legal action or proceeding arising out of or relating to this Agreement is brought by any party, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party.

DEVELOPER further agrees to pay the CITY’s reasonable attorneys’ fees related to collection of the fees required to be paid hereunder.

6. Notices. All notices required or permitted under the terms of this Agreement shall be in writing and sent to:

CITY: City of Fairfield
1000 Webster Street, 2nd Floor
Fairfield, CA 94533-4883
Attn: Director of Community Development
DEVELOPER:

Attn:

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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7. Consideration. CITY’s agreement to defer payment of the Fees has been made in consideration of DEVELOPER’s agreement to provide and maintain a certain number of affordable housing units as part of the Project, as reflected in the “Affordability Restrictions and Regul ation Agreement (Density Bonus; Fee Deferral; Fee Credits) document recorded against the Property (which is not, and shall not be, subordinate to any deed of trust or liens, other than liens for property taxes and assessments not yet delinquent).

8. Entire Agreement. This Agreement constitutes the entire agreement between CITY and the DEVELOPER with respect to the specific subject matter hereof, and no alteration or amendment or any part thereof shall be effective unless in writing signed by parties sought to be charged or bound thereby.

IN WITNESS WHEREOF, this Fee Deferral Agreement has been executed by the parties as of the date and year first above written.

CITY:

CITY OF FAIRFIELD,
a California municipal corporation
By:

Name: David Gassaway
Title: City Manager

DEVELOPER:
,
a
By:

Name:

Title:

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF

On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instr
ument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies
) upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above
Signature of Notary Public

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT

A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Place Notary Seal Above
Signature of Notary Public

Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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Exhibit “A”
Legal Description of the Property

The land referred to is situated in the County of Solano, City of Fairfield, State of California, and is described as follows:

EXCEPTING THEREFROM:

ALL THAT PARCEL OF LAND DESCRIBED IN THE DEED TO HILARION ANGELES AND LOURETTA G. ANGELES, HIS WIFE, RECORDED OCTOBER 10, 1940 IN BOOK 222 OF OFFICIAL RECORDS AT PAGE 250, INSTRUMENT NO. 6958.

APN: 0034-150-100
and;
PARCEL ONE:

Lot 18, as shown on that certain Map of Locke -Paddon Colony No. 5, filed December 6, 1912 in Book 4 of Maps, Page 17, Solano County Records, described as follows:

Beginning on the East line of the parcel of land described as Parcel 1 in the Deed from Walter C.

PARCEL TWO:

An easement for ingress and egress, granted in the Deed from Hermosa Homes, Inc., to Walter C.

Commencing on the South line of said Lot 18, distant thereon South 89° 27’ East, 83.5 feet from the Southwest corner of said Lot; thence from said point of commencement South 89° 27’ East, Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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11.5 feet; thence North 0° 52’ West, 90 feet to the actual point of beginning of the herein described parcel of land; thence from said point of beginning North 0° 52’ West to a point in a line which is parallel with and one foot distant, measure at right angles, Southeasterly from the Northwest line of said Lot 18; thence South 60° 26’ West, along said parallel line to a line which is parallel with and distant 11.5 feet Easterly at right angles from the Court first hereinabove mentioned as having a bearing of North 0° 52’ West; thence along said last mentioned parallel line South 0° 52’ East to a point that bears North 89° 27’ East from the point of beginning; thence South 89° 27’ East, 11.5 feet to the point of beginning.

PARCEL THREE:

Beginning at a point in the South line of said Lot which point is South 89° 27’ East a distance of

PARCEL FOUR:

An easement for ingress and egress over that portion of Lot 18, as shown on the Map of Locke - Paddon Colony No. 5, filed on December 6, 1912, in Book 4 of Maps at Page 17, described as follows:

APN: 0034-150-240
Docusign Envelope ID: E184E2A9-86A8-826F-837C-E16573E69731

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Agenda Item No: K.6

AGENDA REPORT
DATE: August 4, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026 -173 HD Amendment of the Memorandum of Understanding Renewal for the Provision of Temporary Emergency Shelter Operations Mission Samoa

Authorizing the City Manager to Amend the Memorandum of Understanding Between the City of Fairfield and Mission Samoa for the Provision of Temporary Emergency Shelter Operations

Funding Source: $400,000; Intergovernmental Services Fund

Contact: April Cobb, (707) 428-7609

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Homeless Services Division (HSD) is seeking City Council approval to amend Memorandum of Understanding (MOU) with Mission Samoa to increase funding for temporary emergency shelter operations by $75,000, from $125,000 to $200,000 per contract year for fiscal years (FY) 2026-2027 and 2027-2028. The increased funding will expand shelter capacity from seven to ten emergency shelter beds at Mission Samoa.

DISCUSSION
On May 1, 2024, HSD released a Notice of Funding Availability (NOFA) for Temporary Emergency Shelter Operations. At the July 2, 2024, council meeting, staff presented recommendations of the NOFA Rank and Review Panel. Following Council discussion, funding was awarded to BayNorth, Mission Samoa, and Change and New Beginnings (CANB) to provide temp orary emergency shelter services. Mission Samoa was awarded $100,000 annually for FY 2024-2025 and 2025 - 2026.

On April 24, 2026, during the City Council retreat, council provided direction to renew the emergency shelter operation MOUs with the existing providers (BayNorth, CANB, and Mission

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Samoa). Council also directed staff to amend the Mission Samoa MOU by increasing annual funding from $100,000 to $125,000. This amendment was approved by Resolution 2026 -84 on June 2, 2026.

On July 7, 2026, council p rovided additional direction to amend the Mission Samoa MOU by increasing annual funding from $125,000 to $200,000. This additional funding will increase shelter capacity at Misson Samoa from seven to ten beds.

Staff is requesting council approval to amend the Mission Samoa MOU to increase annual funding from $125,000 to $200,000 for FY 2026-2027 and 2027-2028.

FINANCIAL IMPACT
$400,000 from the Intergovernmental Services Fund (IGS) funds will be used to fund the two - year contract.

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may choose not to adopt the proposed resolution. However, this is not recommended as this resolution aligns with the City’s efforts to increase availability and access to emergency shelters’ overnight stays and can contribute to the reduction in homelessness.

COORDINATED WITH
City Attorney’s Office and Police Department

STAFF CONTACT
April Cobb, Management Analyst
(707) 428-7609
[email protected]

ATTACHMENTS
Attachment 1: Proposed Resolution
Attachment 2: Proposed MOU

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-173

AUTHORIZING THE CITY MANAGER TO AMEND THE MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF FAIRFIELD AND MISSION SAMOA FOR THE PROVISION OF TEMPORARY

EMERGENCY SHELTER OPERATIONS

WHEREAS, since 2017, the City Council has adopted, implemented, and followed comprehensive policies and procedures in line with the City's formal Homeless Strategy in order to permanently reduce homelessness ; and

WHEREAS, permanently reducing the impacts of homelessness continues to be a top priority for the council; and

WHEREAS, according to the 2024 Solano County Homeless Point-In-Time Count, at any point in time, 1,725 (414 unsheltered in Fairfield) individuals within Solano County are experiencing houselessness. This population includes veterans, women, children, individuals with disabilities, senior citizens, and other vulnerable groups ; and

WHEREAS, on May 1, 2024, the Homeless Services Division released a Notice of Funding Availability (NOFA) for Temporary Emergency Shelter Operations to support organizations providing temporary emergency shelter and services to those who are unhoused in the City of Fairfield; and

WHEREAS, the NOFA made $1.1 million in funding available, beginning July 1, 2024, to June 30, 2026, with $550,000 available in year one, and $550,000 available in year two, with funding renewal based on performance in year one; and

WHEREAS, on July 2, 2024, council approved execution of the memorandum of understanding (MOU) to recommended providers; and

WHEREAS, on April 24, 2026, during the council retreat, council provided direction to renew MOU’s to recommended providers and increase funding amount for Mission Samoa from $100,000 to $125,000. This was approved by Resolution 2026-84 on June 2, 2026; and

WHEREAS, on July 7, 2026, Council provide d additional direction to amend the Mission Samoa MOU by increasing annual funding from $1 25,000 to $200,000. This additional funding will increase shelter capacity at Mission Samoa from seven to ten beds.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The above recitals are true and correct and a substantive part of this resolution.

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RES. NO. 2026-173

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Section 2. The city manager, or his designee, is hereby authorized to approve and execute a MOU with Mission Samoa for the provision of temporary emergency shelter operations. The MOU shall have a not to exceed amount of $400,000, with $200,000 in the first year, to June 30, 2027), $200,000 in the second year (July 1, 2027, to June 30, 2028), and be substantially in the form of the MOU attached to the staff report associated with this resolution, with such changes as may be approved by the city attorney.

Section 3. The city manager or his designee is hereby authorized and directed to do all things necessary and proper to effectuate the purpose of this resolution.

Section 4. The city manager is authorized to approve amendments to the contract amount within the city manager's signing authority.

Section 5. This resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 4th day of August 2026, by the following vote:

AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: _________________________________________________ ABSENT: MEMBERS: _________________________________________________ ABSTAIN: MEMBERS: _________________________________________________

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF FAIRFIELD AND

MISSION SAMOA FOR THE PROVISION OF TEMPORARY
EMERGENCY SHELTER OPERATIONS.

This 1st Amendment dated amends the Memorandum of Understanding dated June 2, 2026 ("Agreement") between the City of Fairfield, a California municipal corporation ("City") and Mission Samoa (“Provider”). City and Provider are sometimes referred to herein as the "Parties."

RECITALS

WHEREAS, The City Council of the City of Fairfield adopted Resolution 2026-84 adopting a MOU between the City of Fairfield and Mission Samoa for temporary emergency shelter operations.

WHEREAS, the parties wish to amend the MOU .

NOW, THEREFORE, and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the Parties agree to amend the Agreement as follows:

The term of this Agreement shall begin on July 1, 2026, and shall remain in effect until June 30, 2027, and renewed, based on first year performance, for a second year (July 1, 2027, to June 30, 2028).

Part II General Terms and Conditions, Section B. Payment – In consideration for the costs incurred for the services to be provided under this Agreement, CITY shall pay to PROVIDER $ 16,666.67 based on a reimbursement basis every thirty (30) days thereafter until the expiration or termination of this Agreement.

The payments made by CITY to PROVIDER under this Agreement shall collectively be referred to as the "City Funds." The total amount of th e City Funds shall not exceed $2 00,000.00 in performance year one (2026-2027) and $200,000.00 in performance year two (2027-2028). The monthly allowable line-item cost for "Operating Costs" as referred to in the Program Budget as attached in Exhibit "B", for ten (10) beds shall be $16,666.67, whether the beds are filled or not. City Funds must be spent in accordance with this Agreement. Any City Funds remaining that are not expended or legally obligated for the services required to be provided by PROVIDER upon expiration or termination of thi s Agreement shall be returned to CITY within thirty (30) days. PROVIDER shall maintain invoices with receipts, or other documentation (i.e., invoices with receipts, timesheets, general ledger, or payroll register or pay stubs, occupancy data etc.) supporting expenditures made pursuant to this Agreement and shall submit such documentation to CITY within thirty (30) days following receipt of initial payment of City Funds and by the 15th of every month

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Agenda Item No: K.7

AGENDA REPORT
DATE: August 4, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-174 PD Approving Acceptance of the California Highway Patrol Cannabis Tax Fund Grant Program 2026-2027

Approving Acceptance of the California Highway Patrol Cannabis Tax Fund Grant Program 20 26- 2027 to Reduce Impaired Driving Traffic Collisions and Proactively Remove Impaired Drivers from the Roadway

Funding Source: N/A

Contact: Dan Marshall, (707) 428-7374

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
The Fairfield Police Department has applied for and obtained tentative approval for a Cannabis Tax Fund Grant from the California Highway Patrol. The grant, worth $ 122,919.02, will fund impaired driving enforcement operations, impaired driving safety presentations, and impaired driving training for our officers

DISCUSSION
The Fairfield Police Department continuously focuses staffing and financial resources on traffic safety. This is being done to improve the quality of life for our residents and visitors utilizing our local highways. The goal of the Police Department’s Traffic Unit is to reduce injury and fatality - causing collisions on our roadways. Several of the injuries and fatal collisions are caused by impaired driving. The Traffic Unit plans to reduce these collisions by dedicating enforcement resources to focus on proactively removing impaired drivers from the roadway.

This grant allows the Police Department to assign officer s on an overtime basis and task them with specifically focusing on impaired driving enforcement. These enforcement operations will

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focus on times and locations when these collisions are known to occur. Additionally, funding from the grant will also provide valuable impaired driving training to our officers.

In 2023, the Fairfield Police Department investigated 116 Driving Under the Influence ( DUI)- related traffic collisions. 64 of those traffic collisions resulted in an injury and 2 fatalities. In 2024, the Fairfield Police Department investigated 132 DUI -related traffic collisions. Of those traffic collisions, 54 resulted in some type of injury, and 4 resulted in a fatality. In 2025, the Fairfield Police Department investigated 116 DUI -related traffic col lisions. Of those traffic collisions, 62 resulted in some type of injury, and 4 resulted in fatality.

FINANCIAL IMPACT
With acceptance of the grant, the Police Department will receive $122,919.02. The grant funding will cover overtime costs for Police Department personnel participating in the grant -related activities. A special programs fund will be used for the grant (Fund 155, Division, and Responsibility code 50199).

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
City Council may choose not to accept the grant funding.

COORDINATED WITH
N/A

STAFF CONTACT
Josh Bender, Police Sergeant
(707) 428-7524
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Proposed Grant Agreement

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-174

APPROVING ACCEPTANCE OF THE CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM 2026-2027 TO REDUCE IMPAIRED DRIVING TRAFFIC COLLISIONS AND

PROACTIVELY REMOVE IMPAIRED DRIVERS FROM THE ROADWAY

WHEREAS, the City of Fairfield recognizes impaired driving is a quality of life issue and a major concern to all its residents; and

WHEREAS, the Police Department has determined that a significant number of traffic collisions involve impaired driving; and

WHEREAS, the Police Department wishes to continue a partnership with the California Highway Patrol and undertake a project designated as the Cannabis Tax Fund Grant Program 2026-2027; and

WHEREAS, the City of Fairfield has been awarded a grant in the amount of $122,919.02 by the California Highway Patrol to conduct several impaired driving enforcement operations and impaired driving safety presentations between July 1, 2026, through June 30, 2027.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The city manager is hereby authorized to apply for a Fiscal Year 202 7 Cannabis Tax Fund Grant from the California Highway Patrol in the amount of $122,919.02.

Section 2. The city manager is authorized to accept on behalf of the City the Fiscal Year 202 7 Cannabis Tax Fund Grant Program award, and the city manager is authorized to execute a grant agreement with the State of California acting through the Department of California Highway Patrol.

Section 3. The city manager is authorized to provide such information and assurances as are required for the Fiscal Year 2027 Cannabis Tax Fund Grant application.

Section 4. The Fairfield Police Department Financial Services Unit is authorized to perform all administrative matters related to the Fiscal Year 2027 Cannabis Tax Fund Grant application, grant agreement, amendments, and reimbursement requests, and to submit required online grant documents on the city manager’s behalf.

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RES. NO. 2026-174

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PASSED AND ADOPTED this 4th day of August 2026, by the following vote:

AYES: MEMBERS: VACCARO/BERTANI/CARR/PANDURO/SANDHU/TONNESEN/WILLIAMS NOES: MEMBERS: ____________________________________________________ ABSENT: MEMBERS: ____________________________________________________ ABSTAIN: MEMBERS: ____________________________________________________

____________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
30892

1. GRANT TITLE
FY26/27 CTFGP Law Enforcement – Fairfield Police Department

2. NAME OF ORGANIZATION/AGENCY
Fairfield Police Department

3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Fairfield Police Department

4. PROJECT PERFORMANCE PERIOD
From: 07/01/2026 To: 06/30/2027

5. PURCHASE ORDER NUMBER

6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.

The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.

7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $122,919.02

8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00- 1890.27, are hereby incorporated into this Grant Agreement by reference.

The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B – Detailed Budget Estimate
• Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.

IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.

9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: David Gassaway
Title: City Manager
Phone: (707) 428-7398

Address: 1000 Webster Street
Fairfield, CA 94533

E-Mail: [email protected]

(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Elliotte Johnson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169

Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]

(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: M. V. Fojas Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159

Address: 601 North 7th Street
Sacramento, CA 95811

E-Mail: [email protected]

(Signature) (Date)

10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

REIMBURSEMENT PAYMENTS

Name: Susana Aguilera
Title: Senior Management Analyst
Phone: (707) 428-7398

Address: 1000 Webster Street
Fairfield, CA 94533

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TERMS AND CONDITIONS

Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.

2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.

5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.

Equipment purchased under this Grant Agreement must only be used for approved Project - related purposes, unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e- mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

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TERMS AND CONDITIONS

C. PROJECT TERMINATION

1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.

a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.

b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.

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TERMS AND CONDITIONS

F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)

G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

i. The dangers of drug abuse in the workplace.

ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.

iii. Any available counseling, rehabilitation, and employee assistance programs.

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the Project will:

i. Receive a copy of the company's drug-free workplace policy statement.

ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:

a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)

I. LAW ENFORCEMENT AGENCIES

1. All law enforcement Organization/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.

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TERMS AND CONDITIONS

J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).

K. GRANT APPLICATION INCORPORATION

1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.

L. STATE LOBBYING

1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:

a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.

b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.

c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax - exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.

d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

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TERMS AND CONDITIONS

O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency with delegated signing authority.

2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by all Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.

2. Current State Employees:

a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.

b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.

3. Former State Employees:

a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.

b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with

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TERMS AND CONDITIONS

participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.

5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.

6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:

a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.

At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.

Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.

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Schedule A

Fairfield Police Department
The Grantor determined awards and adjustments based on the Project’s merit, operational scale, compliance with the Request for Application (RFA), and program regulations. Certain activities or budget items proposed in Schedule A may have been deemed ineligible for funding. The final, binding list of authorized activities and expenses is set forth in Schedule B - Detailed Budget Estimate.

Project Description
The Fairfield Police Department (FPD) manages a high-activity jurisdiction, averaging 268 calls for service per day. This volume keeps patrol officers in a reactive posture, leaving minimal time for the proactive enforcement required to identify impaired drivers. Without dedicated funding for overtime, the department cannot consistently address the threat of DUI-related crashes.

Data-Driven Saturation Patrols FPD proposes staffing DUI Saturation Patrols on an overtime basis. This strategy allows officers to focus 100% of their shift on impaired driving, unburdened by the general call queue.

By utilizing our full-time Crime Analyst’s quarterly reports, we will deploy teams of at least two officers / sergeants but no more than five officers / sergeants to "hot spots" during peak times for DUI incidents. These details will typically run up to eight hours long but under peak traffic days will run no longer than twelve hours per day. This high-visibility approach not only increases arrests but serves as a vital deterrent to traffic violations.

Expertise & Training FPD leads the county in certified Drug Recognition Experts (DREs). To maintain this standard and address emerging drug trends, we seek to send three officers, three sergeants, and one Grant Administrative Assistant to the 2026 IACP Training Conference on Impaired Driving and Traffic Safety, held August 21–23, 2026, in Anaheim, CA.

This training is essential for maintaining our specialized knowledge and ensuring the highest quality of evidence for DUI prosecutions.

Problem Statement
Background: The City of Fairfield is the Solano County seat and home to Travis Air Force Base. Spanning 40 square miles with a population of approximately 120,000, the FPD operates with 116 sworn personnel. The Traffic Unit currently consists of four Motor Officers, one DUI Enforcement Officer, and one Sergeant.

Problem Statement: DUI remains the primary cause in roughly 10% of all traffic crashes investigated by FPD. 2022: 12% of 1,389 crashes were DUI-related.
2023: 9% of 1,345 crashes were DUI-related (86 injuries; 2 fatalities).

2024: 11% of 1,288 crashes were DUI-related (69 injuries; 5 fatalities).

2025: In 2025, FPD investigated 1,282 total collisions, including 4 fatal collisions and 436 injury collisions. DUI involvement remains critical: alcohol was a factor in 3 of the 4 fatalities (75%) and in 52 injury collisions, resulting in 75 injuries. Drugs were involved in 1 fatality and 10 injury collisions.

The sustained rate of DUI-related injuries and the high percentage of alcohol-involved fatalities in 2025 underscore a critical need for increased enforcement. While call volume limits proactive growth, the FPD remains committed to reversing these trends.

Enforcement: FPD will bridge the gap between reactive patrol and proactive safety by staffing overtime DUI Saturation Patrols. By using analyst-driven quarterly reports, officers will target specific "trending" locations.

Deploying multiple officers/sergeants (at least two per detail, staffing limitations dependent) maximizes visibility and deterrence.

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Schedule A

Training: To combat the complexities of drug-impaired driving, FPD is committed to advanced education. As the county leader in certified DREs, FPD requires funding to attend the 2026 IACP Training Conference in Anaheim, CA. This conference is one of the few nationwide programs targeting drug- related impairment.

Sending our officers ensures they remain experts in the field and can return to train their peers, multiplying the grant's impact across the department.

SOLUTION ENFORCEMENT: The Fairfield Police Department (FPD) addresses impaired driving through a multi-layered approach, including regular DUI/Driver's License Checkpoints and the deployment of a full-time DUI Enforcement Officer. However, current call volume requires a more robust, proactive solution. FPD proposes staffing DUI Saturation Patrols on an overtime basis throughout the week. This funding will allow officers to step away from the general reactive call queue and maintain a 100% focus on proactive impaired driving enforcement.

Operational efficiency will be guided by our full-time Crime Analyst Reports, who monitors all DUI arrests and crashes within city limits. The Analyst provides quarterly reports identifying high-risk trends, including specific times of day, days of the week, and geographic "hot spots." The Traffic Unit, which already utilizes these reports to plan checkpoints, will use this data to precisely deploy saturation teams. To maximize safety and deterrence, patrols will be staffed with at least two officers or sergeants but no more than five employees in one operational period. The shifts will be scheduled typically no longer than eight hours but in extenuating circumstances where traffic patterns are predictably most congested, employees working this detail may work up to twelve hours. This high-visibility presence is designed to deter potential offenders before they drive impaired, while ensuring that teams target the exact locations where DUI incidents are statistically trending.

SOLUTION TRAINING: The Fairfield Police Department is specifically committed to identifying and arresting drug-impaired offenders. As the county leader with nine certified Drug Recognition Experts (DREs), FPD recognizes that maintaining this specialized expertise requires consistent, high- level education. Because nationwide training for DREs is extremely limited, FPD is seeking funding to send our seven personnel to the IACP Impaired Driving & Traffic Safety Conference in Anaheim, CA, August 21–23, 2026.

This conference is the premier national forum for addressing the evolving challenges of drug- related impairment and poly-drug use. Attendance will provide our officers with the latest technical knowledge, legal updates, and validation techniques essential for successful DUI prosecutions. Furthermore, this initiative serves as a "train-the-trainer" model; upon their return, these seven personnel will share their advanced expertise with the rest of the department through internal briefings and field training. This ensures that the grant funding enhances the competency of the entire sworn force, leading to more accurate impairment identifications and safer roads in Fairfield.

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Schedule A
Performance Measures/Scope of Work (Proposed Solution)
Performance Measures
DUI Saturation Patrols The Fairfield Police Department (FPD) will implement a flexible, data-driven schedule consisting of no less than 52 total DUI Saturation Patrol operations annually. To maximize operational impact and adapt
to shifting crime trends, the department will not prescribe a fixed number of operations per quarter.

Instead, the grant manager will coordinate quarterly with the FPD Crime Analyst to identify statistical "hot spots" and peak times for DUI-related incidents, ensuring patrols are deployed when and where they are most effective.

Each saturation patrol shift will be staffed by teams of two to five personnel for durations ranging from four to twelve hours. A high-visibility, multi-officer approach is utilized to maximize public deterrence and ensure officer safety.

To ensure maximum scheduling flexibility and operational success, FPD requests the latitude to allow Sergeants
to work these shifts as frequently as Officers. This request is supported by two critical factors:

Expertise: Several of the department’s most skilled and enthusiastic DUI enforcement experts were recently promoted to the rank
of Sergeant and remain vital assets for impaired driving apprehension.

Personnel Constraints: FPD is currently managing a significant staffing deficit, with approximately 12 vacant officer
positions and an additional 12 personnel unavailable due to injury. Granting Sergeants equal eligibility to staff these details is essential to maintaining the department's commitment to traffic safety while navigating these personnel challenges.

While the Fairfield Police Department has established a baseline goal of 52 saturation patrols, we historically
exceed this figure annually. The structure of this proposal provides the fiscal flexibility to utilize experienced Sergeants
as needed. It should be noted that the 52-patrol minimum is calculated using a maximum-cost scenario (staffing exclusively with Sergeants); however, as actual staffing will likely include various ranks at lower
rates, we anticipate the funding will support a significantly higher volume of patrols once the initial baseline
is met.

Goal
The primary objective of these enhanced DUI Saturation Patrols is to reduce the total number of DUI-related traffic crashes by 10% and proactively remove impaired drivers from Fairfield roadways. This goal is vital giv
en that in 2025, alcohol or drugs were factors in 100% of the city’s fatal collisions (4 out of 4).

Impaired Driving & Traffic Safety Conference: To maintain Solano County’s highest level of specialized expertise, FPD will send seven personnel, interested in the investigations of DUI Drivers to the IACP Impaired Driving & Traffic Safety Conference in Anaheim, CA, August 21–23, 2026. This national-level training is
critical for maintaining advanced competency in drug-impaired driving trends and ensuring high-quality evidence for DUI/DUID prosecutions. Our Fiscal Grant Administrator plays and integral role administering this Grant
in the years past. Research of the DRE Conference and from past attendance demonstrates a pipeline and course curriculum for those directly involved in Grant execution.

Project
Performance Evaluation
DUI Saturation Patrols:

The grant administrator will create stat sheets for the DUI saturation patrols. The stat sheets will allow the grant administrator to track each officer's productivity during their shift. The grant administrator will also work alongside the Fairfield
Police Department Crime Analyst. The two will work together on tracking when and where DUI
arrests and DUI crashes are occurring. DUI saturation patrol shifts will be assigned based when the DUI arrests and DUI crashes are occurring. Quarterly reports will be conducted to track the progress on the ultimate goal,
which is to reduce DUI related crashes by 10 percent.

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Schedule A
Program Sustainability
Sustainability and Future Commitment
The Fairfield Police Department (FPD) remains steadfast in its commitment to enhancing roadway safety by reducing traffic collisions and systematically removing impaired drivers from the community. While grant funding is a critical force-multiplier for these efforts, the department has developed a long-term strategy to ensure the continuity of its traffic s
afety initiatives.

Operational Continuity and Expansion Regardless of future grant availability, FPD will prioritize the maintenance of DUI saturation patrols through strategic resource allocation. A key component of this long- term plan is the expansion of the DUI Enforcement Officer Team. Currently, the department utilizes one full- time DUI Enforcement Officer providing coverage from Wednesday through Saturday. The department's strategic goal is to secure a second full-time position to cover the remainder of the week, establishing comprehensive seven-day-a-week dedicated DUI enforcement.

Community and Educational Engagement Beyond enforcement, the department will continue to emphasize traffic safety through educational outreach within local schools. FPD also remains committed to its high- visibility enforcement calendar, hosting an average of six DUI/Driver's License Checkpoints per year. These checkpoints are a foundational element of our safety strategy and will continue to be conducted as a core departmental function, independent of external funding.

Through these combined efforts of proactive enforcement, dedicated staffing, and community education, the Fairfield Police Department ensures a sustainable and permanent impact on public safety.

Administrative Support
The administration of the Fairfield Police Department (FPD) is fully committed to the success of this project and provides its complete support for this grant application. This proposal aligns with the department's long- standing history of successful grant management and fiscal responsibility. FPD has a proven track record of effectively administering California Office of Traffic Safety (OTS) grants for several consecutive years, as well as successfully executing the 23/24 and 25/26 Cannabis Grant.

These previous initiatives were met with comprehensive administrative oversight and achieved their stated objectives, demonstrating the department's capacity to meet rigorous reporting and performance standards.

Furthermore, the project leads for this proposal possess extensive experience in the technical writing and direct supervision of both OTS and Cannabis-related grants, ensuring that all operational goals and compliance requirements will be met with the highest level of professional expertise.

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Schedule B
Grant Total $122,919.02
D
etailed Budget Estimate
A
ward Number Organization/Agency Total Amount
30892 Fairfield Police Department $122,919.02
Cost Category Line Item Name Total Cost to Grant
Other Direct Costs
Registration Fees $3,260.00
Category Sub-Total $3,260.00
Personnel
DUI Saturation Patrol $113,644.78
Category Sub-Total $113,644.78
Travel
Conference Travel $6,014.24
Category Sub-Total $6,014.24

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Schedule B-1
Budget Narrative
Fairfield Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.

Other Direct Costs
Registration Fees
$3,260.00
Non-Member IACP DRE Conference registration ($630) for 4 people 4 Officers/Sergeants: Total- $3,260.00
ATTENDEES MUST BE DIRECTLY RELATED TO THE PROJECT, AND MUST BE A SWORN OFFICER.

Personnel
Saturation Patrols
$113,644.78
52 Saturation Patrol operations annually. Shifts are deployed consisting of 2 personnel. •Officer Overtime Rate: $117.78 per hour.
•Sergeant Overtime Rate: $151.50 per hour.

Cost Projection and Mathematical Breakdown FPD utilizes the Sergeant overtime rate as the fiscal ceiling.

The calculation below illustrates the total cost per shift, including the 1.45% benefits multiplier.

Fiscal Formula for a Single 8-Hour Shift (2 Personnel):
(2 Personnel X 8 Hours) 1 SGT X $151.50= $1,212 (Base Overtime), 1 OFC x $117.78 =$942.24 (Base Overtime) $2,154.24 + 1.45% Benefits= $2,185.48 (Total Per Shift) Total Funding Request: $113,644.78
Travel
Conference Travel
$6,014.24
Lodging $191 a night, meals $47.25 first and last day of travel, $63 each day in between, Incidentals $3.75 first and last, $5 each day in between, miles to airport 39 miles x $00.725=$28.28, airfare $421, parking $13 each day = 1,503.56 x 4= $6,014.24
All travel expenses must be in accordance with the CalHR travel rate

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Agenda Item No: L.1

AGENDA REPORT
DATE: August 4, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolutions 2026-175 and 2026 -176 CM Fairfield City Council in Support of Measures P and Q

Resolution 2026-175 Supporting Measure P to Extend the City’s Transactions and Use Tax and Increase by 1% the Local Transactions and Use Tax from 1% to 2% Until Ended by Voters Which Will be Submitted to the Voters of the City at the General Municipal Election to be Held on November 3, 2026

Resolution 2026-176 Supporting Measure Q to Change the Office of City Clerk from Elected to an Appointive Position, Which Will be Submitted to the Voters of the City at the General Municipal Election to be Held on November 3, 2026

Funding Source: N/A

Contact: Farbod Pirouzmand, (707) 428-7397

RECOMMENDED ACTION
Adopt resolutions.

STATEMENT OF ISSUE
On July 7, 2026, the City Council adopted resolutions placing Measure P and Measure Q before Fairfield voters at the November 3, 2026 , general election. Staff now requests that the City Council consider adopting resolutions expressing the Council's support of each measure. The proposed action would establish the Council's legislative position regarding the measures while recognizing that the ultimate decision on the meausres rests with the voters.

DISCUSSION
At the July 7, 2026 , meeting, the City Council approved Resolution No. 2026 -158 submitting a measure to Fairfield voters at the November 3, 2026, general election to change the Office of City Clerk from an elected office to an appointive office, and Resolution No. 2026-159 submitting

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a measure to Fairfield voters at the November 3m 2026, general election to extend the City's existing Transactions and Use Tax and increase the rate by one percent, subject to voter approval.

The purpose of this report and recommendation is to provide the City Council with the opportunity to take an official position as a legislative body regarding Measures P and Q before the November 3, 2026, general election.

The California League of Cities advises that a city council, acting at a properly noticed public meeting, may adopt a resolution expressing its official position regarding a ballot measure. The attached resolutions are intended solely to establish the Fairfield City Council's legislative position in support of Measures P and Q. Adoption of the resolutions does not modify the resolutions previously adopted to submit the measures to the voters and does not authorize the expenditure of public funds or the use of City resources for campaign activities beyond those permitted by applicable law.

Measure P
Measure P would extend the City's existing Transactions and Use Tax and increase the rate by one percent to provide increased locally controlled funding for essential City services, infrastructure, public safety, roadway maintenance, parks, homelessness response, and other general governmental purposes. As discussed in the July 7 agenda report, Measure P is intended to assist the City in maintaining long -term fiscal sustainability while preserving essential public safety, municipal services and infrastructure investments.

Measure Q
Measure Q would change the Office of City Clerk from an elected office to an appointive office upon expiration of the current elected City Clerk's term or an earlier vacancy, allowing the City to recruit and appoint a professional municipal clerk based on qualifications, experience, and technical expertise. As discussed in the July 7 agenda report, the proposal is intended to strengthen organizational continuity, ensure compliance with increasingly complex legal requirements, and support the effective administration of the council's legislative responsibilities.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

ALTERNATIVE ACTION
The council may decline to adopt one or both resolutions or provide alternative direction to staff.

COORDINATED WITH
City Attorney’s Office

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STAFF CONTACT
Farbod Pirouzmand, Assistant City Manager
(707) 428-7397
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution in Support of Measure P Attachment 3: Proposed Resolution in Support of Measure Q

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-175

SUPPORTING MEASURE P TO EXTEND THE CITY’S TRANSACTIONS AND USE TAX AND INCREASE BY 1% THE LOCAL TRANSACTIONS AND USE TAX FROM 1% TO 2% UNTIL ENDED BY

VOTERS, WHICH WILL BE SUBMITTED TO THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026

WHEREAS, on July 7, 2026, the Fairfield City Council adopted Resolution No. 2026 -159 ordering that a measure be submitted to the voters at the November 3, 2026, General Municipal Election to extend the City's existing Transactions and Use Tax and increase the rate by one percent, subject to voter approval; and

WHEREAS, the council determined that submitting Measure P to the voters would allow the community to decide whether to increase locally controlled funding for essential municipal services, infrastructure, public safety, roadway maintenance, parks, homelessness response, and other general governmental purposes; and

WHEREAS, the council finds that Measure P is consistent with the City's strategic priorities of maintaining fiscal sustainability, preserving essential public services, investing in public infrastructure, and protecting the quality of life enjoyed by Fairfield residents; and

WHEREAS, the council desires to formally express its official position as a legislative body regarding Measure P prior to the November 3, 2026, General Municipal Election.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The facts set forth in the recitals of this resolution are true and correct and establish the factual basis for the council’s adoption of this resolution.

Section 2. The council hereby declares its official position in support of Measure P and encourages informed public participation in the November 3, 2026, General Municipal Election.

Section 3. Adoption of this resolution expresses the official legislative position of th e council regarding Measure P. Nothing in this Resolution authorizes the expenditure of public funds or the use of City resources for campaign activities except as otherwise permitted by applicable law.

Section 4. The mayor shall sign and the city clerk shall certify the adoption of this resolution.

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RES. NO. 2026-175

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PASSED AND ADOPTED this 4th day of August 2026, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-176

SUPPORTING MEASURE Q TO CHANGE THE OFFICE OF CITY CLERK FROM ELECTED TO AN

APPOINTIVE POSITION, WHICH WILL BE SUBMITTED TO THE VOTERS OF THE CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3, 2026

WHEREAS, on July 7, 2026, the Fairfield City Council adopted Resolution No. 2026 -158 ordering that a measure be submitted to the voters at the November 3, 2026, General Municipal Election to change the Office of City Clerk from an elected office to an app ointive office pursuant to California Government Code Sections 36508 through 36510; and

WHEREAS, the council determined that Measure Q would provide Fairfield with the opportunity to recruit and appoint a professionally qualified city clerk possessing the education, training, technical expertise, and municipal experience necessary to administer the increasingly complex legal and procedural responsibilities of the office; and

WHEREAS, the council finds that Measure Q supports the City's strategic goal of o rganizational excellence by promoting professional municipal administration, operational continuity, and compliance with applicable laws governing local government; and

WHEREAS, the council desires to formally express its official position regarding Measure Q prior to the November 3, 2026, General Municipal Election.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. The facts set forth in the recitals of this resolution are true and correct and establish the factual basis for the council’s adoption of this resolution.

Section 2. The council hereby declares its official position in support of Measure Q and encourages informed public participation in the November 3, 2026, General Municipal Election.

Section 3. Adoption of this resolution expresses the official legislative position of the council regarding Measure Q. Nothing in this resolution authorizes the expenditure of public funds or the use of City resources for campaign activities except as otherwise permitted by applicable law.

Section 4. The mayor shall sign and the city clerk shall certify the adoption of this resolution.

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RES. NO. 2026-176

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PASSED AND ADOPTED this 4th day of August 2026, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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Agenda Item No: L.2

AGENDA REPORT
DATE: August 4, 2026

TO: Mayor and Council

FROM: David Gassaway, City Manager

SUBJECT: Resolution 2026-156 PR Golf Volunteer Program

Approving a Volunteer Program for City Golf Courses and Adopting Volunteer Service Benefit Policy

Funding Source: N/A

Contact: David Gassaway, (707) 428-7400

RECOMMENDED ACTION
Adopt resolution.

STATEMENT OF ISSUE
Touchstone Golf Foundation is dissolving and the volunteer program at the golf courses will terminate. Staff seek approval to develop and implement a new city volunteer program specific for volunteer services at Rancho Solano and Paradise Valley golf courses.

DISCUSSION
At the July 7, 2026, City Counci l meeting, staff provided comprehensive information relating to the potential implementation of a city-managed Volunteer Program for services at the city’s two golf courses. Council reviewed recommended options for defining benefits for volunteer services.

After review and discussion, the council directed staff to revise and return to council the details and benefits of the Program for final review, approval, and adoption of this resolution.

FINANCIAL IMPACT
N/A

PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A

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ALTERNATIVE ACTION
Any alternative action as directed by council.

COORDINATED WITH
City Manager’s Office and KemperSports

STAFF CONTACT
Kristina Kaunzinger, Director of Parks & Recreation
(707) 428-7470
[email protected]

ATTACHMENTS
Attachment 2: Proposed Resolution
Attachment 3: Revised City Proposed Volunteer Program

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CITY OF FAIRFIELD

RESOLUTION NO. 2026-156

APPROVING A VOLUNTEER PROGRAM FOR CITY GOLF COURSES AND ADOPTING VOLUNTEER

SERVICE BENEFIT POLICY

WHEREAS, in 2024 the City and Touchstone Golf, LLC entered into a management agreement for operation and maintenance of the two city-owned golf courses; and

WHEREAS, the City a uthorized use of volunteers through the not-for-profit Touchstone Golf Foundation, an affiliate of Touchstone Golf; and

WHEREAS, in early 2025, Touchstone Golf, LLC was acquired by KemperSports; and

WHEREAS, in late 2025, notification was received that the Touchstone Foundation was dissolving, thereby no longer supporting volunteer services; and

WHEREAS, in 2026, Golf Advisory Board recommended the City of Fairfield develop a volunteer program for service at both golf courses to be operated as a City volunteer program; and

WHEREAS, at the July 7, 2026 , City Council meeting, council reviewed options for the level of benefits for volunteer services and directed staff to revise and return item for approval.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:

Section 1. Approves the City of Fairfield Golf Course Volunteer Program attached as Exhibit A.

Section 2. The city manager, or designee, is authorized to implement the City of Fairfield Golf Course Volunteer Program and make any administrative changes as appropriate.

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RES. NO. 2026-156

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PASSED AND ADOPTED this 4th day of August 2026, by the following vote:

_________________________________________________
MAYOR
ATTEST:
___________________________

CITY CLERK

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City of Fairfield Golf Course Volunteer Program
Program Schedule: KemperSports will set the schedule and number of shifts based upon operational demand and needs.

Role: Primary - serve as Ambassador for City’s golf courses with the following responsibilities:

Customer service – greet players, promote golf special events and tournaments Etiquette – assist/monitor pace of play, inform/remind players of responsibility to fill divots, raking bunkers, ball mark repair
Course Beautification – assist with trash pick-up on courses and surrounding property, and as needed, fill divots, repair ball marks Qualification: Must be 18 years of age, maintain a valid California drivers’ license, and pass Dept of Justice background.

Selection: Interested parties a required to complete an application and successfully pass an interview (conducted jointly with KemperSports and City staff), and complete mandated City training.

Benefit Eligibility: Volunteer member is eligible for benefits after completing a full shift.

Benefit is solely applicable to individual volunteer (no guest/family/friends).

Benefit: The benefits below are available to volunteers.

One (1) complimentary round of golf for every 1 shift worked (minimum 5 hours) $5 cart fee
50% discount on food and non-alcoholic beverages purchased during their shift Cost + 15% for merchandise purchase for personal use
Benefit Redemption*: Monday through Thursday and after 2pm on Friday through Sunday.
*No volunteer tee-time reservations may be made in advance.

The ability to play golf is based on available tee-times on the day of play.

Standby only - daily wait list, first come-first serve as tee times are available.

Volunteers playing in an Outing, Tournament, Group Play, or any organized play with a contracted price with the golf course, will pay the contracted fee and may not utilize their complimentary round.

No guarantee made to accommodate complimentary golf.

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General Coordination between City and Kemper:

City/Kemper Joint Responsibility
Recruit/advertise for volunteers
Interview volunteer candidates
Address any volunteer performance issues
Host joint meeting(s) with volunteers (orientation, annual/biannual ck in mtgs) City Responsibilities
Create updated application form and waiver form
Process/Manage verification of eligibility and DOJ background clearance process Provide additional general liability and workers’ compensation coverage for active volunteers
Ensure all volunteers are current with mandated training City manages schedule and assigns volunteers based upon Kemper’s operational needs and volunteer availability.

Schedule is forwarded to respective course’s golf staff in Pro Shop as designated by KemperSports.

Kemper Responsibilities
Prepare and send to City volunteer schedule based upon operation need Provide general oversight of individuals while on shift Report any performance issues to City
Maintain record of shifts served, track complimentary golf redeemed.

Ensure KemperSports staff members understand the process, protocol and proper tracking and reporting procedures for volunteer benefits Provide City monthly report of volunteer activities and benefits received Volunteer Responsibilities
Keep contact information and availability current
Remain in good standing and current with mandated training Reports to course a minimum of 10 minutes prior to start of shift to check-in and receive general information and any special instruction

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Fairfield City CouncilAugust 4, 2026

Fairfield City Council
August 4, 2026